August 30, 2018 Texas Transportation Commission Meetings

Call to Order

Item 1

Safety BriefingStaff will provide general safety instruction.

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Item 2 - Resolution
Resolution to extend sympathy to the relatives of Cesar "Alex" Martinez, an employee of the Amarillo District, who died while performing his duties with the Texas Department of Transportation

Item 2

Resolution

Resolution to extend sympathy to the relatives of Cesar "Alex" Martinez, an employee of the Amarillo District, who died while performing his duties with the Texas Department of Transportation

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Item 3 - Consider the approval of the Minutes of the July 26, 2018, regular meeting
of the Texas Transportation Commission

Item 3

Consider the approval of the Minutes of the July 26, 2018, regular meetingof the Texas Transportation Commission

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Item 4A - Acknowledgment of Service
Recognize by resolution Larry D. Tegtmeyer, P.E., Wichita Falls District
Engineer, for 34 years of service to the department

Item 4A

Acknowledgment of Service

Recognize by resolution Larry D. Tegtmeyer, P.E., Wichita Falls DistrictEngineer, for 34 years of service to the department

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Item 4B - Recognize by resolution Gregg A. Freeby, P.E., Bridge Division Director,
31 years of service to the department

Item 4B

Recognize by resolution Gregg A. Freeby, P.E., Bridge Division Director,31 years of service to the department

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Item 4C - Recognize by resolution Christopher D. Caron, P.E., Corpus Christi District
Engineer, for 30 years of service to the department

Item 4C

Recognize by resolution Christopher D. Caron, P.E., Corpus Christi DistrictEngineer, for 30 years of service to the department

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Item 5A - Contracts
Consider the award or rejection of contracts for highway construction and
maintenance, and construction and rehabilitation of buildings (Presentation)
These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal.
Construction of Highways and Other Transportation Facilities
(see attached itemized list) (MO)

Item 5A

Contracts

Consider the award or rejection of contracts for highway construction andmaintenance, and construction and rehabilitation of buildings (Presentation)These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal.

Item 5C

Item 6 - Unified Transportation Program (UTP)
Consider the approval of the 2019 UTP (MO) (Presentation)
The UTP is a 10-year statewide plan for transportation project development. The Project Selection Process (PSP) is approved annually and describes the funding categories and process for selecting transportation projects. This minute order approves the 2019 UTP for fiscal years 2019-2028 as well as the PSP for the 2019 UTP.

Item 6

Unified Transportation Program (UTP)

Consider the approval of the 2019 UTP (MO) (Presentation)

The UTP is a 10-year statewide plan for transportation project development. The Project Selection Process (PSP) is approved annually and describes the funding categories and process for selecting transportation projects. This minute order approves the 2019 UTP for fiscal years 2019-2028 as well as the PSP for the 2019 UTP.

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Item 7 - Statewide Transportation Improvement Program (STIP)
Various Counties - Consider the approval of the Fiscal Year 2019-2022 STIP (MO)
Federal law requires each state to prepare a four-year program of surface transportation projects. The STIP is developed in cooperation with metropolitan planning organizations and with input from local entities and the public. The STIP is constrained to the anticipated federal, state, local, and private sector funds that will be available for the time period.

Item 7

Statewide Transportation Improvement Program (STIP)Various Counties - Consider the approval of the Fiscal Year 2019-2022 STIP (MO)Federal law requires each state to prepare a four-year program of surface transportation projects. The STIP is developed in cooperation with metropolitan planning organizations and with input from local entities and the public. The STIP is constrained to the anticipated federal, state, local, and private sector funds that will be available for the time period.

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Item 8 - Financial Management
Consider the adoption of the Fiscal Year 2019 Budget (MO) (Presentation)
This minute order adopts the department’s annual budget as prescribed by the General Appropriations Act.

Item 8

Financial Management

Consider the adoption of the Fiscal Year 2019 Budget (MO) (Presentation)This minute order adopts the department’s annual budget as prescribed by the General Appropriations Act.

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Item 9 - Legislative Appropriations Request (LAR)
Consider the adoption of the Texas Department of Transportation's Fiscal Year
2020-2021 Legislative Appropriations Request (MO) (Presentation)
Every two years the department is required to submit a Legislative Appropriations Request (LAR) for the upcoming biennium to be considered by the Texas Legislature. The proposed LAR describes the level of funding, method of finance, and FTEs associated with the department's strategies for the fiscal year 2020-2021 biennium. State law requires the department to deliver the LAR to the commission in an open meeting not later than the 30th day before the date the department submits the LAR to the Legislative Budget Board and the Governor’s Office of Budget and Planning.

Item 9

Every two years the department is required to submit a Legislative Appropriations Request (LAR) for the upcoming biennium to be considered by the Texas Legislature. The proposed LAR describes the level of funding, method of finance, and FTEs associated with the department's strategies for the fiscal year 2020-2021 biennium. State law requires the department to deliver the LAR to the commission in an open meeting not later than the 30th day before the date the department submits the LAR to the Legislative Budget Board and the Governor’s Office of Budget and Planning.

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Item 10A - Aviation
Various Counties - Consider the award of federal non-primary entitlement grant
funding, and federal and state grant funding for airport improvement projects at various locations (MO)
Federal law authorizes the award of federal non-primary entitlement grant funding and federal state apportionment grant funding to preserve and improve the state's general aviation system. State law authorizes the award of state grant funding for capital improvement projects.

Item 10A

Aviation

Various Counties - Consider the award of federal non-primary entitlement grantfunding, and federal and state grant funding for airport improvement projects at various locations (MO)

Federal law authorizes the award of federal non-primary entitlement grant funding and federal state apportionment grant funding to preserve and improve the state's general aviation system. State law authorizes the award of state grant funding for capital improvement projects.

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Item 10B - Various Counties - Consider the approval of the Routine Airport Maintenance
Program (MO)
State law authorizes the award of state funding for routine airport maintenance projects.

Item 10B

Various Counties - Consider the approval of the Routine Airport MaintenanceProgram (MO)

State law authorizes the award of state funding for routine airport maintenance projects.

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Item 10C - Various Counties - Consider the approval of the Aviation Capital Improvement
Program (MO) (Presentation)
The Texas Department of Transportation is required to prepare and update annually a three-year aviation facilities capital improvement program.

Item 10C

Various Counties - Consider the approval of the Aviation Capital ImprovementProgram (MO) (Presentation)

The Texas Department of Transportation is required to prepare and update annually a three-year aviation facilities capital improvement program.

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Item 11 - Public Transportation
Galveston County - Consider the award of federal Section 5339 and
Section 5311 grant funds to Gulf Coast Center (MO)
Gulf Coast Center has accepted responsibility as the rural transit district for Galveston County. The awards identified in this minute order reflect the allocation of funds originally awarded to Galveston County Rural Transit District under prior actions of the commission to Gulf Coast Center.

Item 11

Gulf Coast Center has accepted responsibility as the rural transit district for Galveston County. The awards identified in this minute order reflect the allocation of funds originally awarded to Galveston County Rural Transit District under prior actions of the commission to Gulf Coast Center.

Item 12B 2 - Chapter 9 - Contract and Grant Management
Amendments to §§9.300-9.302, 9.305, 9.314, 9.316, 9.325, and 9.330,
Small Business Enterprise (SBE) Program (MO)
The amendments are necessary to implement recommendations from the Texas Sunset Advisory Commission that required the department to evaluate the Small Business Enterprise program, and will allow the department to continue providing meaningful contracting opportunities for small businesses. The amendments also include minor technical corrections to various provisions.

Item 12B 2

Chapter 9 - Contract and Grant Management

Amendments to §§9.300-9.302, 9.305, 9.314, 9.316, 9.325, and 9.330,Small Business Enterprise (SBE) Program (MO)The amendments are necessary to implement recommendations from the Texas Sunset Advisory Commission that required the department to evaluate the Small Business Enterprise program, and will allow the department to continue providing meaningful contracting opportunities for small businesses. The amendments also include minor technical corrections to various provisions.

Item 12B 4 - Chapter 10 - Ethical Conduct by Entities Doing Business with
the Department
Amendments to §§10.1, 10.2, 10.5, and 10.7 (General Provisions); §§10.101 and 10.102 (Required Conduct by Entities Doing Business with the Department); and §§10.251 - 10.254, 10.256, and 10.257 (Sanctions for Ethical Violations by Other Entities); Repeal of §§10.151 - 10.160 (Score Reduction for Ethical Violations by Architectural, Engineering, and Surveying Service Providers); §§10.201 - 10.206 (Removal of Precertification of Architectural, Engineering, and Surveying Service Providers for Ethical Violations); and §10.255, Application of Sanction (MO)
To implement the requirements of Senate Bill 312, 85th Legislature, Regular Session, 2017, the department is reorganizing its rules governing contractor performance and required ethical conduct by entities doing business with the department. Amendments establish one department-wide process for sanctioning an entity doing business with the department for a violation of required ethical conduct and revise the required conduct for entities doing business with the department to align with conduct requirements in other chapters of department rules and with contractor business ethics and conduct requirements for federal contracts.

Item 12B 4

Amendments to §§10.1, 10.2, 10.5, and 10.7 (General Provisions); §§10.101 and 10.102 (Required Conduct by Entities Doing Business with the Department); and §§10.251 - 10.254, 10.256, and 10.257 (Sanctions for Ethical Violations by Other Entities); Repeal of §§10.151 - 10.160 (Score Reduction for Ethical Violations by Architectural, Engineering, and Surveying Service Providers); §§10.201 - 10.206 (Removal of Precertification of Architectural, Engineering, and Surveying Service Providers for Ethical Violations); and §10.255, Application of Sanction (MO)

To implement the requirements of Senate Bill 312, 85th Legislature, Regular Session, 2017, the department is reorganizing its rules governing contractor performance and required ethical conduct by entities doing business with the department. Amendments establish one department-wide process for sanctioning an entity doing business with the department for a violation of required ethical conduct and revise the required conduct for entities doing business with the department to align with conduct requirements in other chapters of department rules and with contractor business ethics and conduct requirements for federal contracts.

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Item 13 - Design-Build Contract
Hidalgo County - I-2/I-69C Interchange Project - Consider authorizing the department
to issue a request for proposals for the design, development, construction, and potential maintenance of the I-2/I-69C Interchange Project as a non-tolled project, which provides for improvements to the I-2/I-69C interchange and operational improvements to I-2 and I-69C in McAllen, Pharr, and San Juan (the I-2/I-69C Interchange Project); and consider approving stipulated amounts as payment for the work product of unsuccessful proposers (MO) (Presentation)
On May 24, 2018, in Minute Order 115221, the commission authorized the department to issue a request for qualifications for the design, development, construction, and potential maintenance of the I-2/I-69C Interchange Project. This minute order continues the procurement process by authorizing the issuance of a request for proposals for the project, and approves stipulated amounts for the payment of work product of responsive, unsuccessful proposers.

Item 13

Design-Build Contract

Hidalgo County - I-2/I-69C Interchange Project - Consider authorizing the departmentto issue a request for proposals for the design, development, construction, and potential maintenance of the I-2/I-69C Interchange Project as a non-tolled project, which provides for improvements to the I-2/I-69C interchange and operational improvements to I-2 and I-69C in McAllen, Pharr, and San Juan (the I-2/I-69C Interchange Project); and consider approving stipulated amounts as payment for the work product of unsuccessful proposers (MO) (Presentation)

On May 24, 2018, in Minute Order 115221, the commission authorized the department to issue a request for qualifications for the design, development, construction, and potential maintenance of the I-2/I-69C Interchange Project. This minute order continues the procurement process by authorizing the issuance of a request for proposals for the project, and approves stipulated amounts for the payment of work product of responsive, unsuccessful proposers.

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Item 14 - Toll Projects
Various Counties - Consider issuing an order prohibiting the operation
of certain motor vehicles on Texas Department of Transportation toll projects (MO)
Transportation Code, Section 372.110, authorizes the commission to issue an order prohibiting the operation of a motor vehicle on a department toll project if the registered owner of the vehicle has been finally determined to be a habitual violator, subject to certain notice requirements. A person commits an offense if the person operates a motor vehicle on a toll project in violation of the order. Subsequent offenses may result in impoundment of the vehicle.

Item 14

Transportation Code, Section 372.110, authorizes the commission to issue an order prohibiting the operation of a motor vehicle on a department toll project if the registered owner of the vehicle has been finally determined to be a habitual violator, subject to certain notice requirements. A person commits an offense if the person operates a motor vehicle on a toll project in violation of the order. Subsequent offenses may result in impoundment of the vehicle.

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Item 15 - Audit Plan
Consider the approval of the Internal Audit Work Plan and the Compliance Work Plan
for Fiscal Year 2019 and determine whether adequate resources have been dedicated to the internal audit and the compliance programs (MO) (Presentation)
State law requires the internal auditor to create an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year. The audit plan must be approved by the commission. In addition, the commission must review the resources dedicated to the internal audit program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are covered in a reasonable timeframe. The Compliance Division has developed a work plan of external audits for fiscal year 2019. This compliance work plan was developed to implement Transportation Code, Chapter 201, Subchapter F-1, and is designed with engagements and activities focused on preventing and detecting serious breaches of department policy, fraud, waste, and abuse of office.

Item 15

Audit Plan

Consider the approval of the Internal Audit Work Plan and the Compliance Work Planfor Fiscal Year 2019 and determine whether adequate resources have been dedicated to the internal audit and the compliance programs (MO) (Presentation)

State law requires the internal auditor to create an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year. The audit plan must be approved by the commission. In addition, the commission must review the resources dedicated to the internal audit program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are covered in a reasonable timeframe. The Compliance Division has developed a work plan of external audits for fiscal year 2019. This compliance work plan was developed to implement Transportation Code, Chapter 201, Subchapter F-1, and is designed with engagements and activities focused on preventing and detecting serious breaches of department policy, fraud, waste, and abuse of office.

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Item 16 - Eminent Domain Proceedings
Various Counties - Consider the authorization of the filing of condemnation proceedings
to acquire real property by eminent domain for non-controlled and controlled access highways (see attached itemized list) (MO)
Commission findings, determinations, and authorizations for the state, by motion made in accordance with Senate Bill 18 (82nd Legislature), to acquire by eminent domain, upon the payment of adequate and just compensation, various ownership interests in specific parcels of real property that are needed to develop or improve both non-controlled and controlled access state highways, to include requesting the state attorney general to bring and pursue condemnation suits relating to those specific parcels of real property described in the attached itemized list.

Commission findings, determinations, and authorizations for the state, by motion made in accordance with Senate Bill 18 (82nd Legislature), to acquire by eminent domain, upon the payment of adequate and just compensation, various ownership interests in specific parcels of real property that are needed to develop or improve both non-controlled and controlled access state highways, to include requesting the state attorney general to bring and pursue condemnation suits relating to those specific parcels of real property described in the attached itemized list.

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Item 17 - Routine Minute Orders and Reports (continued)
e. Designation of Access Control
(1) Denton County - SH 114 westbound frontage road approximately
0.6 miles east of FM 156 - Consider the designation of one location on the
frontage road at which access will be permitted to the abutting property
(MO)
The designation of one 32-foot break in the control of access line will allow the abutting
landowner one location for access, permitting access to and from the frontage road. The
district has determined that access may be permitted at the designated location.
(2) Tarrant County - I-35W and US 287, north of the I-35W/US 287
interchange and south of the North Tarrant Parkway - Consider the
designation of seven locations on the frontage roads at which access will
be permitted to the abutting property (MO)
The designation of three 50-foot breaks on US 287 and two 100-foot and two 50-foot
breaks on I-35W in the control of access lines will allow the abutting landowner to open
seven proposed driveway locations for access, permitting access to and from the frontage
roads. The district has determined that access may be permitted at the designated
locations.
f. Audit Subcommittee Charter
Consider the approval of updates to the Audit Subcommittee Charter (MO)
g. Speed Zones
Various Counties - Consider the establishment or alteration of regulatory and
construction speed zones on various sections of highways in the state (MO)
This minute order establishes or alters regulatory and construction speed zones on various
sections of highways in the state.

Item 17

Routine Minute Orders and Reports (continued)e. Designation of Access Control(1) Denton County - SH 114 westbound frontage road approximately0.6 miles east of FM 156 - Consider the designation of one location on thefrontage road at which access will be permitted to the abutting property(MO)The designation of one 32-foot break in the control of access line will allow the abuttinglandowner one location for access, permitting access to and from the frontage road. Thedistrict has determined that access may be permitted at the designated location.(2) Tarrant County - I-35W and US 287, north of the I-35W/US 287interchange and south of the North Tarrant Parkway - Consider thedesignation of seven locations on the frontage roads at which access willbe permitted to the abutting property (MO)The designation of three 50-foot breaks on US 287 and two 100-foot and two 50-footbreaks on I-35W in the control of access lines will allow the abutting landowner to openseven proposed driveway locations for access, permitting access to and from the frontageroads. The district has determined that access may be permitted at the designatedlocations.f. Audit Subcommittee CharterConsider the approval of updates to the Audit Subcommittee Charter (MO)g. Speed ZonesVarious Counties - Consider the establishment or alteration of regulatory andconstruction speed zones on various sections of highways in the state (MO)This minute order establishes or alters regulatory and construction speed zones on varioussections of highways in the state.

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Item 18 - Executive Session, Open Comment, & Adjourn - Executive Session Pursuant to Government Code, Chapter 551
Section 551.071 - Consultation with and advice from legal counsel regarding any
item on this agenda, pending or contemplated litigation, or other legal matters.
OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission
will allow an open comment period, not to exceed one hour, to receive public comment on any
other matter that is under the jurisdiction of the department. No action will be taken. Each
speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the
beginning of the open comment period.
ADJOURN

Item 18 - Executive Session, Open Comment, & Adjourn

Executive Session Pursuant to Government Code, Chapter 551Section 551.071 - Consultation with and advice from legal counsel regarding anyitem on this agenda, pending or contemplated litigation, or other legal matters.OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commissionwill allow an open comment period, not to exceed one hour, to receive public comment on anyother matter that is under the jurisdiction of the department. No action will be taken. Eachspeaker will be allowed a maximum of three minutes. Speakers must be signed up prior to thebeginning of the open comment period.ADJOURN